SKWADDY TERMS OF SERVICE

Last Updated: January 2026

Welcome to Skwaddy! Please read these Terms of Service ("Terms") carefully before using the Skwaddy platform.

1. ACCEPTANCE OF TERMS

By creating an account, accessing, or using Skwaddy (the "Service"), you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

These Terms constitute a binding legal agreement between you and Blue Pentagon Consulting (Pty) Ltd, trading as Skwaddy, a South African company ("Skwaddy", "we", "us", or "our").

2. DEFINITIONS

  • "Service" means the Skwaddy web application, mobile applications (when available), and all related services, features, and functionality.

  • "User", "you", or "your" means the person who creates an account and uses the Service.

  • "Guardian" means a parent, legal guardian, or authorized caregiver responsible for a Dependent.

  • "Dependent" means a child, pet, or adult requiring care whose activities are coordinated through the Service.

  • "Connection" means a verified relationship between Users established through the Service.

  • "User Content" means any information, data, photos, text, or other materials you submit, upload, or share through the Service.

  • "Playdate" means a scheduled social activity between Dependents coordinated through the Service.

  • "Party" or "Event" means a social gathering organized through the Service's invitation features.

3. ELIGIBILITY

You must be at least 16 years old to create an account and use Skwaddy. By creating an account, you represent and warrant that you are at least 16 years of age.

The Service is designed for Guardians to coordinate activities for their Dependents. Children under 16 should not create accounts or use the Service directly.

4. ACCOUNT REGISTRATION AND SECURITY

4.1 Account Creation

You must provide accurate, current, and complete information during registration. You agree to update your information promptly if it changes.

4.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials

  • All activities that occur under your account

  • Immediately notifying us of any unauthorized access or security breach

4.3 Phone Number Verification

Account verification requires a valid phone number. Your phone number is cryptographically hashed and stored securely (see our Privacy Policy for details).

4.4 One Account Per Person

You may maintain only one active account. Creating multiple accounts for fraudulent purposes is prohibited.

5. USER RESPONSIBILITIES

You agree to:

  • Use the Service only for lawful purposes and in accordance with these Terms

  • Provide accurate information about yourself and your Dependents

  • Obtain necessary permissions and consents before adding Dependents to your account

  • Respect the privacy and safety of other Users and their Dependents

  • Verify the identity of Connections before arranging in-person meetings

  • Supervise interactions and activities involving your Dependents

  • Maintain the security of your account credentials

  • Comply with all applicable laws and regulations

6. PROHIBITED USES

You agree NOT to:

  • Use the Service if you are under 16 years of age

  • Impersonate any person or entity, or falsely represent your relationship to any person

  • Create accounts using false, misleading, or fraudulent information

  • Share your account credentials or allow others to access your account

  • Use the Service to harass, abuse, threaten, or harm others

  • Post, share, or transmit illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable content

  • Violate the privacy rights of others or share others' personal information without consent

  • Use the Service for any commercial purpose without our express written permission

  • Attempt to gain unauthorized access to any portion of the Service or other Users' accounts

  • Interfere with or disrupt the Service or servers or networks connected to the Service

  • Use any automated systems (bots, scrapers, crawlers) to access the Service

  • Reverse engineer, decompile, or attempt to extract source code from the Service

  • Remove, obscure, or modify any copyright, trademark, or other proprietary notices

  • Use the Service in any way that violates any applicable law or regulation

  • Attempt to circumvent any security measures or access controls

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Skwaddy's Intellectual Property

The Service, including all software, features, functionality, designs, graphics, logos, and trademarks, is owned by Skwaddy and protected by South African and international intellectual property laws.

All rights, title, and interest in and to the Service (including any derivatives, modifications, or enhancements) remain exclusively with Skwaddy. These Terms do not grant you any ownership rights in the Service.

7.2 Patent Pending Technology

Certain features and technologies implemented in the Service are the subject of pending patent applications. You acknowledge that Skwaddy retains all rights to its proprietary technology and innovations.

7.3 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes in accordance with these Terms. This license does not permit you to:

  • Sublicense, sell, rent, lease, or transfer your rights to use the Service

  • Copy, modify, or create derivative works of the Service

  • Use the Service for any commercial purpose

  • Access the Service for competitive analysis or to build a competing product

7.4 Trademarks

"Skwaddy" and related logos are trademarks of Blue Pentagon Consulting (Pty) Ltd. You may not use our trademarks without our prior written permission.

8. USER CONTENT

8.1 Your Ownership

You retain ownership of any User Content you submit to the Service, including photos, event descriptions, and profile information.

8.2 License to Skwaddy

By submitting User Content, you grant Skwaddy a worldwide, non-exclusive, royalty-free license to use, reproduce, store, process, and display your User Content solely for the purpose of providing and improving the Service.

8.3 Your Responsibilities

You represent and warrant that:

  • You own or have the necessary rights to submit all User Content

  • Your User Content does not violate any third-party rights (including privacy, publicity, copyright, or trademark rights)

  • You have obtained all necessary consents to share photos and information about Dependents

  • Your User Content complies with all applicable laws and these Terms

8.4 Prohibited Content

You agree not to submit User Content that:

  • Is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable

  • Violates anyone's privacy or publicity rights

  • Contains viruses, malware, or other harmful code

  • Infringes on intellectual property rights

  • Is sexually explicit or inappropriate for a family coordination platform

8.5 Content Removal

We reserve the right (but have no obligation) to remove, modify, or refuse to display any User Content that violates these Terms or that we deem inappropriate, without notice and without liability.

8.6 Dependent Information

You acknowledge that you are solely responsible for obtaining necessary parental rights, consents, and permissions before adding Dependents to your account or sharing their information through the Service.

9. PRIVACY AND DATA PROTECTION

9.1 Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.

9.2 Enhanced Security Measures

Skwaddy implements privacy-by-design principles, including:

  • Cryptographic hashing of phone numbers (no plaintext storage)

  • Database-level security through Row Level Security policies

  • Display of first names and surname initials only for Dependents

  • Secure storage of sensitive information in private database tables

9.3 Data Accuracy

You are solely responsible for the accuracy, quality, integrity, and legality of User Content and Dependent information you provide. Skwaddy is not responsible for errors, inaccuracies, or omissions in your data.

9.4 POPIA Compliance

Skwaddy complies with the Protection of Personal Information Act (POPIA). You have rights regarding your personal information as described in our Privacy Policy.

10. THIRD-PARTY SERVICES

10.1 Third-Party Integrations

The Service integrates with third-party services including:

  • Google Places API (location autocomplete)

  • Google Sign-In (authentication)

  • Google Maps API (mapping services)

  • Supabase (hosting and database infrastructure)

Your use of these third-party services is subject to their respective terms and privacy policies.

10.2 Third-Party Links

The Service may contain links to third-party websites or resources. Skwaddy is not responsible for the content, privacy practices, or terms of service of any third-party sites.

10.3 No Endorsement

Skwaddy does not endorse, warrant, or assume responsibility for any third-party services, products, or content.

10.4 Business Partners and Advertisements

The Service may display advertisements, promotions, venue listings, and recommendations from third-party businesses and service providers ("Business Partners"). These Business Partners are independent entities not operated, controlled, or affiliated with Skwaddy.

Your Acknowledgment and Agreement:

  • Business Partners are solely responsible for their own products, services, venues, and business practices

  • Skwaddy does not verify, validate, or guarantee the quality, safety, suitability, or legitimacy of Business Partners

  • Featuring or listing a Business Partner does not constitute an endorsement or recommendation by Skwaddy

  • You interact with Business Partners entirely at your own risk and discretion

  • You are solely responsible for evaluating Business Partners before visiting venues, purchasing services, or engaging with them

  • Skwaddy makes no representations or warranties about Business Partners, including their safety, quality, pricing, availability, or compliance with laws

  • Any disputes, claims, or issues arising from your interactions with Business Partners are between you and that Business Partner only

Skwaddy's Limitations:

  • We do not conduct background checks, safety inspections, or quality audits of Business Partners

  • We do not verify credentials, licenses, permits, or compliance with health and safety regulations

  • We are not responsible for the conduct, actions, omissions, or policies of Business Partners

  • We do not guarantee that advertised venues or services are appropriate for your Dependents

  • We do not monitor or control Business Partner operations, facilities, or staff

Your Responsibilities When Interacting with Business Partners:

  • Verify the suitability and safety of venues and services for your Dependents

  • Conduct your own research, read reviews, and check credentials as appropriate

  • Supervise your Dependents during any activities at Business Partner locations

  • Comply with Business Partner policies, terms, and rules

  • Report any safety concerns or inappropriate Business Partners to us at support@skwaddy.com

Liability Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKWADDY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, INJURY, OR HARM ARISING FROM YOUR INTERACTIONS WITH BUSINESS PARTNERS, INCLUDING BUT NOT LIMITED TO:

  • Injuries or accidents at Business Partner venues

  • Quality or safety issues with Business Partner services

  • Misrepresentation or fraud by Business Partners

  • Business Partner failure to deliver promised services

  • Disputes over pricing, refunds, or cancellations

  • Any other claims related to Business Partners

By using the Service and interacting with Business Partners featured on the Service, you release Skwaddy from all liability related to such interactions.

11. FEES AND PAYMENT

11.1 Current Pricing

Skwaddy is currently offered free of charge. We reserve the right to introduce fees, subscriptions, or premium features in the future.

11.2 Future Fees

If we introduce fees, we will provide advance notice. Your continued use of the Service after fees are introduced constitutes acceptance of the new pricing.

11.3 Taxes

If fees are introduced, you are responsible for all applicable taxes, duties, and assessments.

12. DISCLAIMERS AND WARRANTIES

12.1 "AS IS" and "AS AVAILABLE"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKWADDY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY

  • FITNESS FOR A PARTICULAR PURPOSE

  • NON-INFRINGEMENT

  • ACCURACY, RELIABILITY, OR AVAILABILITY

  • ERROR-FREE OR UNINTERRUPTED OPERATION

  • SECURITY OR FREEDOM FROM VIRUSES OR HARMFUL COMPONENTS

12.2 No Guarantee of Results

Skwaddy does not guarantee that:

  • The Service will meet your requirements or expectations

  • The Service will be uninterrupted, timely, secure, or error-free

  • Any errors or defects will be corrected

  • The Service will be compatible with all devices or software

  • Data transmissions will be completely secure

12.3 Coordination Tool Only

The Service is a coordination tool only. Skwaddy:

  • Does not conduct background checks on Users

  • Does not verify the accuracy of User information or credentials

  • Does not supervise, monitor, or control activities arranged through the Service

  • Is not responsible for the conduct of Users or the safety of Dependents

  • Does not guarantee the suitability or safety of any Connection, Playdate, or Event

12.4 User Responsibility

YOU ARE SOLELY RESPONSIBLE FOR:

  • Verifying the identity and suitability of other Users before establishing Connections

  • Supervising all activities and interactions involving your Dependents

  • Making independent judgments about the safety and appropriateness of Playdates and Events

  • Obtaining necessary background checks, references, or verifications

  • Ensuring the safety and well-being of your Dependents

12.5 No Professional Advice

The Service does not provide professional advice (legal, medical, safety, or otherwise). Any information provided through the Service is for general informational purposes only and should not be relied upon as professional advice.

13. LIMITATION OF LIABILITY

13.1 Maximum Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKWADDY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (a) THE AMOUNTS ACTUALLY PAID BY YOU TO SKWADDY IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (b) R1,000 (ONE THOUSAND RAND)

13.2 No Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKWADDY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, or business opportunities

  • Loss of data or information

  • Loss of goodwill or reputation

  • Cost of substitute services

  • Personal injury or emotional distress

  • Damages arising from interactions with other Users

  • Harm to Dependents

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if Skwaddy has been advised of the possibility of such damages.

13.3 Exclusions from Limitations

Nothing in these Terms limits liability for:

  • Death or personal injury caused by gross negligence

  • Fraud or fraudulent misrepresentation

  • Wilful misconduct

  • Any liability that cannot be excluded or limited under applicable law

13.4 No Liability for User Conduct

Skwaddy is not liable for:

  • The conduct, actions, or omissions of any User

  • Content posted or shared by Users

  • Disputes between Users

  • Harm arising from in-person meetings or activities arranged through the Service

  • Unauthorized access to your account due to your failure to maintain security

  • Incorrect configuration or use of the Service by you or third parties

  • Decisions made in reliance on User Content or information provided through the Service

13.5 Force Majeure

Skwaddy shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, government actions, pandemics, internet service failures, or failures of third-party hosting providers or services.

14. INDEMNIFICATION

14.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Skwaddy, its affiliates, officers, directors, employees, contractors, agents, and licensors from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use or misuse of the Service

  • Your violation of these Terms

  • Your User Content or any content you submit

  • Your violation of any law or regulation

  • Your violation of any third-party rights (including privacy, publicity, intellectual property, or other proprietary rights)

  • Your interactions with other Users

  • Activities involving your Dependents arranged through the Service

  • Any harm to Dependents under your care

  • Your failure to obtain necessary consents or permissions

  • Any fraudulent, illegal, or unauthorized use of your account

  • Your negligent or wrongful conduct

14.2 Defense and Settlement

Skwaddy reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with Skwaddy in asserting any available defenses and in the conduct of such defense and any related settlement negotiations.

14.3 Survival

This indemnification obligation survives termination of these Terms and your use of the Service.

15. TERMINATION

15.1 Termination by You

You may terminate your account at any time by using the account deletion feature in the Service or by contacting us. Upon termination, your license to use the Service immediately ceases.

15.2 Termination by Skwaddy

Skwaddy may suspend or terminate your access to the Service immediately, with or without notice, for any reason, including but not limited to:

  • Violation of these Terms

  • Fraudulent, illegal, or unauthorized use of the Service

  • Conduct that harms or could harm other Users, Dependents, or Skwaddy

  • Provision of false, misleading, or fraudulent information

  • Harassment, abuse, or threatening behavior

  • Impersonation or identity fraud

  • Creation of multiple accounts or unauthorized account sharing

  • Attempts to circumvent security measures or access controls

  • Use of automated systems or bots

  • Non-payment of fees (if applicable)

  • Violation of intellectual property rights

  • Engagement in activities that pose security or legal risks

  • Prolonged account inactivity (24+ months with notice)

  • Any reason in Skwaddy's sole discretion to protect the Service, Users, or Dependents

15.3 Effect of Termination

Upon termination:

  • Your license to use the Service immediately ceases

  • You must immediately stop using the Service

  • We may delete your account and User Content in accordance with our data retention policies

  • Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitations of liability, indemnification, and dispute resolution

15.4 Data Retrieval

You may request export of your User Content within 30 days of termination. After 30 days, we may permanently delete your data in accordance with our Privacy Policy.

15.5 No Refunds

If fees are introduced in the future, termination does not entitle you to any refund of fees paid, except as required by law.

16. DISPUTE RESOLUTION

16.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting Skwaddy at info@skwaddy.com with a detailed description of the dispute. We will attempt to resolve the dispute in good faith within 60 days.

16.2 Mandatory Arbitration

If informal resolution fails, you and Skwaddy agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through binding arbitration in accordance with the rules of the Arbitration Foundation of South Africa (AFSA).

The arbitration shall be conducted:

  • Before a single arbitrator mutually agreed upon by the parties

  • If parties cannot agree on an arbitrator within 5 business days, AFSA shall appoint the arbitrator

  • In English

  • In Johannesburg, South Africa (or such other location as mutually agreed)

The arbitrator's decision shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction.

16.3 Waiver of Class Actions

YOU AND SKWADDY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

16.4 Small Claims Court Exception

Notwithstanding the arbitration requirement, either party may bring an individual action in small claims court for disputes within that court's jurisdiction.

16.5 Injunctive Relief

Nothing in this dispute resolution provision prevents either party from seeking injunctive or other equitable relief in court to prevent actual or threatened infringement of intellectual property rights or to enforce confidentiality obligations.

16.6 Costs and Attorney Fees

Each party shall bear its own costs and attorney fees in any dispute resolution proceeding, EXCEPT:

If you bring any claim, lawsuit, arbitration, or legal action against Skwaddy that is determined by an arbitrator or court to be frivolous, without merit, brought in bad faith, or primarily for the purpose of harassment, you agree to reimburse Skwaddy for all reasonable attorney fees, legal costs, arbitration fees, and expenses incurred in defending against such action.

You acknowledge that pursuing unmeritorious legal actions may result in significant financial liability to you personally. This provision is intended to deter frivolous litigation while preserving your right to pursue legitimate claims.

17. GENERAL PROVISIONS

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to conflict of law principles.

17.2 Jurisdiction

Subject to the mandatory arbitration provision, the parties submit to the exclusive jurisdiction of the courts of South Africa for any disputes arising out of or relating to these Terms.

17.3 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Skwaddy regarding the Service and supersede all prior agreements, understandings, and communications, whether oral or written.

17.4 Amendments

We may modify these Terms at any time by posting the revised Terms on the Service. The "Last Updated" date at the top will reflect when changes were made. Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms.

For material changes, we will provide notice through the Service or via email. If you do not agree to the modified Terms, you must stop using the Service.

17.5 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while achieving the original intent.

17.6 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. No waiver shall be effective unless made in writing and signed by an authorized representative of Skwaddy.

17.7 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. Skwaddy may assign these Terms or any rights hereunder without your consent, including in connection with a merger, acquisition, reorganization, or sale of assets.

17.8 No Third-Party Beneficiaries

These Terms are for the benefit of you and Skwaddy only and do not create any third-party beneficiary rights.

17.9 Notices

Legal notices to Skwaddy must be sent in writing to:

Blue Pentagon Consulting (Pty) Ltd
Trading as: Skwaddy
Cedarwood House, Ballywoods Office Park
33 Ballyclare Drive, Bryanston
Gauteng, 2191
South Africa
Email: info@skwaddy.com

Notices to you may be provided via email to the address associated with your account or through notifications in the Service.

17.10 Language

These Terms are prepared in English. If these Terms are translated into another language, the English version shall prevail in the event of any conflict or inconsistency.

17.11 Survival

Provisions that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitations of liability, indemnification, dispute resolution, and general provisions.

17.12 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

17.13 Force Majeure

Neither party shall be liable for any failure or delay in performance due to events beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, government actions, pandemics, internet failures, or third-party service failures.

18. CONTACT INFORMATION

If you have questions about these Terms, please contact us at:

Email: info@skwaddy.com
Support: support@skwaddy.com
Website: www.skwaddy.com

Mailing Address:
Blue Pentagon Consulting (Pty) Ltd (trading as Skwaddy)
Cedarwood House, Ballywoods Office Park
33 Ballyclare Drive, Bryanston
Gauteng, 2191, South Africa

BY CREATING AN ACCOUNT OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.